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1983 Supreme(SC) 238

O.CHHINNAPPA REDDY, A.V.VARADARAJAN, D.A.DESAI
Iron And Metal Traders. Private LTD. , Bombay: Bombay Metal And Alloys Manufacturing Company Private LTD. , Bombay – Appellant
Versus
M. S. Haskiel: L. F. Crasto – Respondent


Advocates:
JANARDAN SHARMA, M.C.BHANDARE, MADAM PHADNIS, N.S.PARIHAR, P.Gaur

JUDGMENT

We heard Mr. M. C. Bhandare, learned counsel for the appellants in both the appeals. The disputes involved in these two appeals, are with reference to reinstatement of three workmen and backwages for 7 other workmen who are refused relief of reinstatement. Mr. Bhandare. learned counsel vehemently argued that the approach of the Tribunal in ordering reinstatement was neither legal nor judicially correct. We heard him and we also looked at the documents which he wanted us to see. We are in agreement with the finding of the Industrial Tribunal that this is a case of discrimination in dealing with the cases of these appellants workmen involved in these two appeals inasmuch as many strikers were reinstated but these respondents were singled out for drastic treatment. The Tribunal ordered reinstatement of three workers and awarded compensation to seven in lieu of relief of reinstatement. The approach of the Tribunal is fair just and reasonable. We, therefore, see no justification for interfering with the award of the Tribunal in respect of these workmen in the dispute. We accordingly dismiss both the appeals with costs quantified at Rs. 1,000 in respect of each workman responden



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